Is it a “loop hole” or an accommodation? It depends on how you use it and who you use it for and if you are following the regulations as intended.
Don’t fall for the argument that this is a loop hole – or at least if you do, stop exploitation of those who abuse the system rather than using it to promote employment and community engagement.
Section 14 (c) of the Fair Labor Standards Act (FLSA) was not intended to be a “loop-hole” to exploit anyone. It was also not written to apply to whole populations of people with any type of disability. The fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of a subminimum wage.
The Special Minimum Wage Provision Section 14c of the FLSA is a vital tool that allows individuals with significant disabilities to work in an environment where they are compensated commensurate with their productivity, have friendships, support and purposeful activity – this can be in any work setting that they choose. Often, it is in community settings which also enables the employee to build natural supports.
Everyone has a right to work. Support this right for our most vulnerable citizens!
Take a look at this fence – yes, there is a problem – what is the best way to fix it? Tear the whole fence down or fix that one board? My vote would be to fix the board and keep the fence. The same with Section 14 (c) – fix the problem but keep the regulation.
As with many laws and regulations set up to protect people and provide choices and alternatives, there are always those who will exploit and abuse. This does not mean that the system was bad or caused the exploitation but that those who abuse and exploited were doing evil actions. Those are the ones that should be held accountable for their wrong-doing – not those who are in need of choice, alternatives and protections.
We should not punish our vulnerable citizens because there are others who will exploit them. Without certain protections in place our vulnerable citizens will be at risk of much more danger. What we need to do is call out the evil-doers and hold them accountable for their actions.